No, actually, Washington State Attorney General Rob McKenna isn’t filing a lawsuit challenging President Barack Obama’s executive order mandating that all U.S. hospitals that accept Medicare/Medicaid funding (and that’s pretty much all of them) must extend visitation and other rights to same-sex couples, but if he was intellectually consistent, he would. I mean, how is this legally different from the HCR Medicaid mandates that McKenna disingenuously claims exceed the fed’s constitutional authority under the Commerce Clause and the Tenth Amendment?

Or does McKenna only spend our state tax dollars on constitutional challenges to federal laws and regulations that he finds politically advantageous to challenge? In which case, a little free political advice to McKenna: considering the homophobic bent of the Republican primary voters you are clearly attempting woo, perhaps you should take the lead and file a lawsuit challenging the same-sex visitation mandate? I guarantee you it would make you a star on Fox News, and rake in hundreds of thousands of dollars in contributions from hateful homophobes nationwide.

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I’m sorry, All I heard was blah blah blah….Republicans are homophobes…blah blah blah….I haven’t heard anyone challenge this executive order. I think anyone would agree that that the individual has the right to choose whomever they want by their side in the hospital. Its not the job of the government or the hospital to decide who is in your hospital room…

Now to follow through with your analagy…The healthcare bill requires that citizens purchase a product/service or be fined (at the very least) by the federal government. The executive order simply states that we will not give federal funds to a hospital that refuses to grant access to same sex partners. The federal government has the right to limit funds to a institution if that institution does not follow the rules set forth by the Federal Government. The Federal Government does not have the right to require citizens to purchase a product…Totally seperate topics.

As for Rob McKenna. If he wanted to make a play for the Governorship, he would appeal to the majority of people in Washington, who have voted Democrat for years…He appears to have made a decision based on principle which will cost him a shot at the Governor position. He may not even run…But continue the attacks if it helps you sleep better at night.

Sorry….didn’t know it was already in use…..I have often been called a troll…had to wikipedia it to find out what it meant…I also find it funny when people correct my spelling online….guess what…I didn’t spell check it…

I mean, I agree with your general sentiments. But I think the difference is that the health care “mandate” requires you to do something just because you are alive. The same-sex-partner visitation “mandate” requires you to do something because you take federal money. If you really don’t want to do the latter, you can stop taking federal dollars. If you really don’t want to do the former, you have no choice*.

*Yes, you technically have a choice to purchase health insurance. But by the time the tax/fee/penalty/fine rises to the cost of a bronze plan, you really don’t have any meaningful choice. You’re going to pay the cost of a bronze plan either way, you might as well buy the product. Or so goes the Republican argument.

If Bobby Mac believe the Affordable Care Act is unconstitutional because the commerce and necessary and proper clauses do not apply to the medical industry and that regulation of state regulated medical establishments is not constitutional, surely he acknowledges that despite the merits of the new rule, the rule itself is an unconstitutional violation of states’ rights under the 10th amendment.

Certainly this pronouncement is unprecedented.

No? The 2 are different? For other than political reasons?

Don’t suppose any of the supporters of FL et al v. Dept of HHS want to explain the constitutional differences.

@1 “I think anyone would agree that that the individual has the right to choose whomever they want by their side in the hospital. Its not the job of the government or the hospital to decide who is in your hospital room”

Really? You don’t get out much. If everyone agreed on this there wouldn’t be such a change needed. I’ve had personal friends back in the midwest denied entry to after hours visiting of their partner because they “weren’t family”. Golly you should bring your enlightened views to the Republican party. The party that thinks that the government, not the individual, should decide who they can marry…and the government can pass laws dictating what kind of sex you can have with another grown adult in the privacy of your own home (Lawrence v Texas). Your party thinks a government bureaucrat should be able to keep of list of officially government sanctioned sexual positions. Seriously. You’re enlightened, and all for stopping government from legislating morality…great! You should tell the vast majority of your party that doesn’t feel that way.

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